Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-02-07
THE FISHERIES QUESTION.
Mr.. Manning Gives His Views on the Sub
ject to the Foreign Affairs Committee.

WASHINGTON, February g. Secretary
Manning has sent to Mr.. Perry Belmont,
Chairman of the House Committee on
Foreign Affairs, a long and carefully pre-
pared reply to the request of that commit
tee for his views with regard TO the House
and Senate Retaliation bills, and for any
suggestions that he may desire to make
with reference thereto. The Secretary di-
vides the subject to be considered into two
parts, first, the fishing rights of the United
States, and second, the commercial rights
of United States vessels in Canadian ports.
The rights of the former class, he says, are
defined by the treaties of 1873 and 1918,
and ''we do not ask either of Great Britain
or Canada any other rights or liberties of
taking, drying or curing fish than thOss
stipulated in such treatise. In respect to
commercial privileges for our fishing ves-
scls in Canadian ports, the situation is
otherwise. = Up to Prcsi-
dent JackSOn's proclamation Of October ),
privileges for its vessels i'll Canadian
ports. We had such privileges as colo
nists, we lost them rs cOlonists.
We regained them in 1890 by an agree
ment OflegislatiOn finally concerted with
Great Britain which was the result of an
understanding that was i'll
effect although not technically treaty"
The Secretary then reviews at length
the history of the relations between the
Governments of the United States and
Great Britain in this respect from 1888 to
1880. IL am not aware" the Secretary
says, ''Of any treaty, excepting the fishing
clauses OF the treaty of 1SlS, and the
treaty of 1871, or of any rule
of international law binding on
the United States which now cOnStrains
Great Britain to commercial intercourse
with ourselves i'll Canadian ports, and from
the point of view OF this department, Great
Britain can, if she deems it for her interest,
or necessary iOr her safety, retreat from
the understandings and agreements Of
$50. Whether such retreat therefrOm is
to be deemed by us an uniriendly act will
depend on its motives and environment
To lac sure the arrangement of
1850 was not in technical sense q treaty
from the engagements of which
neither party can withdraw without
the consent of the other amicably obtained,
but II WAS To DE rule for two powerful
states. 1t WAS 4 fact representing the will
and opinions of each. 1t was q deliberate
act Ii was bargain in
which one government bought privilege,
at the the price OF an equivalent given to
the other. Ii was contract sOlemnized
and attested by the law making instead Of
the treaty-making power OF the two ma
tons. What We are now confronted by
is the Royal assent, given by the
Queen in Council, on November 90,
lSS6, to the Canadian act entitled
An Act further to amend the Act respect
ing fisheries by foreign vessels 1t begins
by reciting that it is 'expedient for the
more etfeCtual protection of the inShOre
fisheries of Canada against intrusion by
foreigners The offensive significance of
that law is in the fact that, by what
assume is law, the statute establishing the
Canadian Union, the Governor General
must, according to his discretion, hut subject
10 the Queens instructions, either declare
that he aSSents in the Queens name to 4
bill passed by the Houses of the Canadian
or that he withhOldS the
Queens assent or that he reserves the bill
.or the Specification of the Queens pleas
are. The last named alternative phase
was adopted in dealing with the Canadian
law of 1855, which peremplorily closes
Canadian ports to our fishing YES
'elS seeking to trade. 1t empowers
any OF the therein designated
officials TO bring TO and search any Ameri-
ran vessel being within any Canadian har-
bOr, or 'hoyering' in British waters. This
is u revival in Canada of the theory Of the
ancient British towering act, long ago re-
pealed in the mother country. If the
search prescribed and authorized, he of
fishing vessels lettering in L prohibited
place, and fairly suspected of preparing
there TO fish, in violation of law. such
search, if fairly and reasonably made, may
be tolerated.